《国际商法》课程复习资料Review materials of International Commercial Law CurriculumScoreFill in the blanks1,the legal classification of commercial organizations is mainly classified according to the property responsibility situation of commercial organizations・2,the company must implement the strict "capital three principles", that is, the principle of capital determination, the principle of capital maintenance and the principle of capital invarianee.3,the so-called Yueyin, refers to the parties through the contract to achieve the most direct and close goa1.4,the pledge right takes the movable property and the power as the object, and takes the object transfer possession・5,according to the provisions of the German "Civil Code", as long as the buyer to terminate the contract and claim damages in the hanging, but not parallel; and France, Jap a n and other countries that the provisions of this law both in paralle1.6,one of the characteristics of agency by estoppel is that the apparent agency act must be legal or lega1.7,it is generally accepted that bills should include bills ofexchange, promissory notes and cheques.8,the liner after the establishment of the contract, the carrier will take over the shipment or the shipper of the goods, and relying on the transport requirements according to the bill of lading, so also known as the liner shipping contract of the contract of carriage・9,The charter party can be divided into time charter party, bareboat charter party and voyage charter party・10,the most important influence on the formation and development of international commercial law is the common law system and the continental law system.ScoreTwo. Questions and answers1,individual proprietorship enterprises should have what conditions?1,the investor is a natural person2,there is a legitimate business name3,investors have to declare contributions4, a fixed place for production and operation and the necessary conditions for the operation of leftovers5,there is a need for practitioners2,when we become parties to the Convention, what are the specific contents of the two major reservations proposed?1,about the reservation of contract form・ The eleventh article of the Convention provides that a sales contract is not required to be entered into in writing or in writing, nor is it subject to other conditions in form・ For the sake of the safety of the transaction, our country only acknowledges that the contract of international sale of goods in written form is valid・2,about the retention of the scope of use・ The Convention seeks to unify the international law on the sale of goods, so as to expand the scope of the Convention as far as possible・ The provisions of the first clause of the first paragraph contain two elements: 1 ............ As for the latter item, our country has put forward the reservation that our country only acknowledgesthat the contract between the Chinese commercial subject and the commercial subject of the contracting state is applicable to the convention, ..............3,the stock according to different standards, from different angles can be divided into what kinds?1,according to whether the name recorded on the stock, can be divided into registered shares and bearer shares・2,depending on whether the amount is stated in the stock, the shares may be divided into shares with par value and shareswithout par value・3,according to the rights and interests of shareholders and thesize of the risk, can be divided into ordinary shares and preferred shares, or special stock・4.what are the requirements for the establishment of the offer?1,the offer means the meaning of a particular person2,the counterpart of the offer is generally a specific person3,the offer must be made for the purpose of concluding the contract4,the content of the offer must be specific and definite5,what are the forms of breach and remedies for breach of contract?Form: 1, refuse to fulfill 2, can not fulfill 3, improper performance of 4, delay the performance of 5, incomplete performanceRelief measures: 1, the actual performance of 2, damages 3, ban 4,the lifting of the contract5,the exercise of statutory or contractual security rightsScoreThree・ Discussion questionsPlease specify the basic principles of the internationalcommercial contract law1,the principle of Party autonomy ..........2,the principle of good faith and fairness ...........3,the contract has the principle of legal binding ............4,the contract must abide by the principle of compulsorylaw .......Four, case questions1, high school student Zhao, 16 years old, height 175 centimeters, but the appearance is mature, like twenty-seven, eight years old・Zhao to buy a motorcycle, to a set of rooms in the home to sell to raise money Car Buying・ The trustee understand Lee, and Lee signed a purchase contract, Lee paid 50 thousand yuan deposit, the two sides went to the housing management for housing property transfer procedures・ Zhao father found the matter, the prosecution to the court・Test analysis: is the housing sale contract valid? Please explain the reason.(1)the contract for the sale of the house is invalid・(2)because of the fact that Zhao, one of the parties, has reached the age of 16, he does not use his own labour as a source of livelihood and is a person who limits his ability to do so. Those who restrict their conduct can not handie serious civil actions・Housing sales are a major civil action, Zhao does not have the capacity for civil rights, no right to dispose of housing property rights・ The contract is invalid because the qualification of the contracting party is unqualified・2, China，s a company and the United States B company entered into an international contract for the sale of goods・ Contract: a company for saleA group of timber toB company, the way of performance is: a company in July on the shipment of timber from Jilin by rail to Dalian, and then shipped from Dalian to New York, the United States, the company pay the corresponding price・ But in July, a company did not perform・ In August 3rd, company B notification of a company, the number of timber should be shipped before August20th at the latest・ In August 10th, a company under this batch of wood to railway transport to Dalian・ However, the shipment was lost by 80% during the shipment from Dalian to New York. The dispute arises between the two parties over the unknown risk of loss of the goods・ B company believes that a company did not meet the breach of contract in July prior to, should bear the responsibility for damages・ The contract has terminated due to the failure of a company to fulfill its obligations on time, so the risk of loss of the goods should be borne by a company.Q: (1) does the B company have the right to claim a company for damages? Why?(2)what is the view of the company that the contract in this case has been terminated due to the breach of a company，s contract? Why?(3)who should bear the risk of loss of goods in this case? Why?1,have the right・ Because a company has delayed the performance of the contract, constitutes a breach of contract・2,Incorrecto According to the provisions of the International Convention on Contracts for the sale of goods, if the seller fails to fulfill its obligations in the contract within the stipulated time, it can give the seller provides a reasonable extra time, during this time, the buyer can not take remedies in conflict with this・To fulfill their obligations in the case that the seller can in the buyer 〃no later than August 20th〃within a reasonable period of time ・ The contract is still valid・3 by the buyer・ According to the provisions of the International Convention on the contract for the sale of goods contract, double on risk do not have an agreement, if it involves the transport of goods, the goods delivered to the first carrier to contractdelivery according to the buyer, the risk is transferred to the buyer・ In this case, the risk has been transferred to the buyer when the goods are delivered by rai 1.。
